Michael A. Hamilton is a partner in the firm's Global Insurance Services, Management and Professional Liability, Cybersecurity and Data Privacy, and Environmental Practice Groups and a leader of the GIS Pennsylvania team. Mike handles sophisticated and high-exposure insurance coverage claims and commercial litigation, and focuses his practice on environmental, professional liability, construction defect, transportation, and business torts/advertising injury claims. He has been lead defense counsel in class action litigation, representing insurance companies, self-insurers, and transportation entities. He also has extensive appellate experience, arguing numerous appeals in state and federal courts across the country.
Mike has more than 25 years of experience handling insurance coverage claims and litigation on behalf of major insurers throughout the United States. He has an extensive background in environmental claims under commercial general liability policies and specialty environmental policies, and has assisted clients with claims involving the application of the pollution exclusion, surface and groundwater contamination, ground pollution, and hydro-fracking.
Mike has also advised clients on a number of significant claims involving data privacy, intellectual property, false advertising, and business torts. His experience includes counseling carriers on policy form wording with respect to data breaches, cyber liability, and intellectual property infringement claims, and was recently involved in a case that was closely watched by the insurance industry involving insurance coverage for a highly publicized data breach. Mike was also involved in two groundbreaking cases holding that claims for faulty workmanship in construction were not covered under CGL policies. He has represented insurance companies in bankruptcy court and has formulated strategies for carriers to best protect their rights when policyholders are in bankruptcy. He has also represented clients in commercial disputes and litigation, including matters relating to contractual indemnity, transportation accidents, and governmental immunity.
Mike currently serves as vice chair of former chairs for the Insurance and Reinsurance Committee of the International Association of Defense Counsel, an invitation-only professional association for corporate and defense lawyers around the world, after having recently served a two-year term as the committee's chair. He is also a frequent speaker and author on insurance litigation and emerging issues, and was recently named a fellow of the American College of Coverage Counsel, an exclusive group of the top insurance attorneys in North America.
Prior to law school, Mike received his bachelor's from Pennsylvania State University. He went on to earn his juris doctor from the Dickinson School of Law at Penn State, where he was a member of the Dickinson Law Review.
Prevailed before the U.S. Court of Appeals for the Third Circuit and the Illinois Court of Appeals, obtaining favorable rulings in related matters involving insurance coverage for a class action asserting violations of the federal Telephone Consumer Protection Act.
Secured summary judgment for his client in federal court in a case concerning insurance coverage for environmental liabilities arising from the alleged discharge of pollutants by numerous property owners onto a neighboring property.
Obtained a victory for a transportation authority before the Pennsylvania Supreme Court, in a far-reaching decision addressing the impact of workers’ compensation liens on personal injury settlements involving state governmental entities.
Succeeded before the North Carolina Supreme Court in a multimillion-dollar case involving insurance coverage for false advertising and trademark infringement claims; the opinion was recognized by Mealey’s as one of the most significant U.S. insurance decisions in 2010.
Served as trial and appellate co-counsel for a domestic insurer in the Southern District of New York and the Second Circuit in the World Trade Center Property Insurance Litigation, prevailing in a nationally recognized case involving attempts by the World Trade Center’s leaseholder to recover insurance proceeds after September 11.
Represented his client before the Pennsylvania Commonwealth Court, resulting in a ruling of first impression that self-insured commercial entities are not liable under Pennsylvania's bad faith statute.
|IL||Active Out of State Lawyer - Permitted to Practice||1970||11/22/2016|
|Award name||Grantor||Date granted|
|Chambers USA Ranked Lawyer, Pennsylvania — Insurance||Chambers USA||2018|
|Pennsylvania Super Lawyers, Rising Stars||Super Lawyers||2005|
|Best Lawyers in America — Insurance Law, 2018-19||Best Lawyers in America||N/A|
|Pennsylvania Super Lawyers, Insurance Coverage, 2010–18||Super Lawyers||N/A|
|Peer Review Rating: AV Preeminent||Martindale-Hubbell®||N/A|
|Partner||Goldberg Segalla, LLP||2015 - Present|
|Association name||Position name||Duration|
|International Association of Defense Counsel||Vice Chair of Former Chairs, Insurance and Reinsurance Committee||2018 - Present|
|International Association of Defense Counsel:||Chair, Eastern Pennsylvania State Committee||N/A|
|International Association of Defense Counsel:||Civil Justice Response Committee||N/A|
|American College of Coverage and Extracontractual Counsel||Fellow||N/A|
|American Bar Association, Tort and Insurance Practice Section||Member||N/A|
|American Bar Foundation||Fellow||N/A|
|Defense Research Institute||Member, Insurance Law Committee||N/A|
|Claims and Litigation Management Alliance (CLM)||Member||N/A|
|International Association of Defense Counsel:||Immediate-Past Chair, Insurance and Reinsurance Committee||2016 - 2018|
|Westlaw Journal Insurance Coverage||Co-Author, “Emerging Insurance Coverage Issues Involving Opioid Litigation,”||2018|
|IADC Committee Newsletter||Co-Author, “Avoiding Bad Faith, and Other Emerging Issues Involving Eroding Limits Policies,”||2017|
|IN Magazine||Co-Author, “Accessory Overload: Wearable Technology’s Impact on the Insurance Industry,”||2016|
|ICMIF Voice||Co-Author, “Accessory Overload: Wearable Technology’s Impact on the Insurance Industry,”||2015|
|Defense Research Institute’s Coverage B: Personal and Advertising Injury Compendium||Co-Author, “Advertisement-Specific Exclusions,”||2014|
|Claims Management||Author, “Insurance Bad Faith Law: A 2014 Retrospective and a Look Ahead to 2015,”||2014|
|Law360||Quoted in “California Undercuts Policyholders in Implied Disparagement Rows,”||2014|
|Law360||Co-Author, “2013 Review Of 3rd-Party Pollution Exclusion Decisions,”||2013|
|Insurance Journal||Author, “Prevention is Better Than Cure in Property Insurance Disputes,”||2013|
|IADC Committee Professional Liability Newsletter||Author, “SIRS and Deductibles – Evolving Policies and Their Impact on Carrier Duties,”||2013|
|Insurance Journal||Quoted in “Solar Construction: Too Hot to Handle?”||2013|
|International Association of Defense Counsel (IADC) Defense Counsel Journal||Co-Author, “Raising The Roof: What’s Hot In Construction Defect Litigation,”||2012|
|Business Insurance||Quoted in “Drywall Cases Hinge on Exclusions,”||2011|
|Best’s Review||Co-Author, “Damage Control: The Carmack Amendment Dictates How Transportation Insurance Claims are Settled,”||2010|
|Insurance Journal||Quoted in “Endurance Coverage: Top 10 Insurance Cases of the Year,”||2010|
|Risk Management||Co-Author, “The Evolving Impact of Self-Insured Retentions and Deductibles,”||2010|
|Aspatore Books||Co-Author, “Insurance Law 2010: Top Lawyers on Trends and Key Strategies for the Upcoming Year,”||2010|
|Claims Management||Author, “Do You Smell Something? Chinese Drywall is Raising a Stink,”||2009|
|PropertyCasualty360||Quoted in “Drywall is Not Asbestos Redux,”||2009|
|For the Defense||Co-Author, “A Bad Omen: Erosion of Privilege in Bad Faith Litigation,”||2009|
|Aspatore Books||Co-Author, “Strategies for Structuring Insurance Disaster Coverage, Reducing Liability for Insurers in Disaster Coverage Events,”||2009|
|Pennsylvania State University, The Dickinson School of Law||JD,||1993|
|Penn State University||BS,||1986|
|Perrin Opioid Litigation Conference, Dallas, TX||Presenter, "The Insurance Coverage Update"||2018|
|IADC Annual Meeting, Lisbon, Portugal||"Evolving Insurance Coverage Issues: Challenges in Opioid Litigation"||2018|
|GS Presentation, New York City, NY||Co-Presenter, "Covered vs. Non-Covered Claims: Allocating Defense & Indemnity Payments"||2018|
|DRI Northeast Regional Claims Conference, Hartford, CT||Presenter, "Drilling Down on the Business Risk Exclusions"||2018|
|Containing Disasters Seminars, Chicago, New York City, and Philadelphia||Co-Presenter, "Coverage Strategies and Solutions for Widespread Environmental Harm"||2018|
|Client Presentation, Wayne, PA||Co-Presenter, "Covered vs. Non-Covered Claims: Allocating Defense & Indemnity Payments"||2018|
|Client Presentation, Wayne, PA||Co-Presenter, "Use of Extrinsic Evidence in Analyzing the Duty to Defend"||2018|
|IADC Mid-Year Meeting, Scottsdale, AZ||Co-Presenter, "What Has Eight Corners But Isn't a Cube? Issues Arising From the Duty to Defend"||2017|
|Goldberg Segalla Toxic Torts and Environmental Law Seminar||Co-Presenter, "The Latest in Coverage: Signifcant Toxic Tort and Environmental Law Decisions that will Impact You"||2017|
|DRI Bad Faith and Extra-Contractual Liability, Boston, MA||Presenter, "Money for Nothing: Bad Faith Claims Involving Deductibles, Retentions, Eroding Limits, and Non-Traditional Policies"||2017|
|-||Co-Presenter, "Covered vs. Non-Covered Claims: Allocating Defense and Indemnity Payments"||2017|
|International Association of Defense Counsel's Professional Liability Roundtable, Chicago||Presenter, "The Evolution of Bad Faith in Professional Liability Claims||2016|
|DRI Insurance Coverage and Claims Institute, Chicago||Presenter, “Construction and Specialty Risk Policies"||2015|
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